Gonzales v. Tate
Filing
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ORDER Denying 17 Plaintiff's Motion for Injunctive Relief as Moot, signed by District Judge Anthony W. Ishii on 9/27/13. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JIMMY GONZALES,
Case No. 1:11-cv-01997-AWI-MJS
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ORDER DENYING PLAINTIFF’S MOTION
FOR INJUNCTIVE RELIEF AS MOOT
Plaintiff,
v.
(ECF No. 17)
HAROLD TATE,
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Defendant.
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Plaintiff Jimmy Gonzales (“Plaintiff”) is a state prisoner proceeding pro se in this civil
rights actions pursuant to 42 U.S.C. § 1983.
On September 24, 2012, Plaintiff filed a motion for injunctive relief. (ECF No. 17.) This
motion was related to Plaintiff’s First Amended Complaint. (ECF No. 10.) Plaintiff’s First
Amended Complaint has since been superseded by Plaintiff’s Second and Third Amended
Complaints. (ECF Nos. 16, 20.) Plaintiff is currently proceeding on his Third Amended
Complaint on an inadequate medical care claim under the Eighth Amendment of the United State
Constitution and a claim under the Americans with Disabilities Act. (ECF No. 22.) On April 19,
2013, Plaintiff also filed another identical motion for injunctive relief connected to his Third
Amended Complaint. (ECF No. 29.)
Since Plaintiff is no longer proceeding on the same pleading tied to his initial motion for
injunctive relief, that motion (Doc. No. 17) is now moot.
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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s motion for injunctive relief (ECF No. 17) is DENIED as moot; and
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This order has no effect on Plaintiff’s motion for injunctive relief that was filed on
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April 19, 2013.
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IT IS SO ORDERED.
8 Dated: September 27, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:
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0m8i788
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